Amendments to the ESA Sample Clauses

Amendments to the ESA. 15 6.1 Return on Equity Amount................................................................................. 16 6.2 Payment of Return on Equity Amounts..................................................................... 16 6.3
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Amendments to the ESA. The parties hereto agree that the ESA shall be amended as set forth herein and in substantially the form of the Fourth Amendment to ESA attached hereto. 6.1 Return on Equity Amount. Exhibit "C" to the ESA shall be amended to provide that, for all periods from and after the Petition Date through the earlier of (i) the date the Cure Amount is paid or (ii) December 24, 2002 (the "Interim Equity Return Period"), the required equity rate of return shall be reduced from 20% to 10%. From and after the conclusion of the Interim Equity Return Period, the Return on Equity Amounts shall continue to be calculated based upon a 10% equity rate of return. All other provisions of the ESA that are affected by this agreed change in the equity rate of return shall be similarly modified. As more fully set forth in SECTION 7 of this Agreement, the First Amendment to Note Purchase Agreement and the First Amendment to Agency and Disbursement Agreement, no modification of the Note Purchase Agreement or any of the other Xxxxxxx/State Street Loan Documents (including, without limitation, with respect to the accelerated amortization payments to be made pursuant to the First Amendment to Note Purchase Agreement) or payment of the Deferred Cure Payment shall operate or be deemed to operate to reduce, modify or otherwise affect Debt Service Amounts under the ESA or the Bazaar ESA, or Gaming's and Bazaar's respective obligations to pay such amounts in accordance with the ESA and the Bazaar ESA, respectively, nor the calculation of the Make Whole Amounts under the ESA or the Bazaar ESA, which Debt Service Amounts shall be payable as set forth in SCHEDULE 6.1 to this Agreement and Schedule 2 to the Fourth Amendment to ESA notwithstanding any such modification to the Note Purchase Agreement or any of the other Xxxxxxx/State Street Loan Documents (including, without limitation, with respect to such accelerated amortization payments and notwithstanding payment of the Deferred Cure Payment).
Sample 1

Related to Amendments to the ESA

  • Amendments to the Original Agreement (a) of the Original Agreement is hereby deleted and replaced in its entirety to read as follows:

  • Amendments to the Agreement Except to the extent permitted by the Investment Company Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of the Portfolio (unless such approval is not required by Section 15 of the Investment Company Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Independent Trustees cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Portfolio if a majority of the outstanding voting securities of the Portfolio vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Portfolio affected by the amendment or all the Portfolios of the Trust.

  • Amendments to the Purchase Agreement (a) Section 1.6 of the Purchase Agreement is hereby amended and restated in its entirety as follows:

  • AMENDMENTS TO THE CONTRACT This Contract shall not be altered, amended, or modified by oral representation made before or after the execution of this Contract. All amendments or changes of any kind must be in writing, executed by all Parties.

  • Amendments to Agreement This Agreement, or any term thereof, may be changed or waived only by written amendment signed by the party against whom enforcement of such change or waiver is sought. For special cases, the parties hereto may amend such procedures set forth herein as may be appropriate or practical under the circumstances, and Ultimus may conclusively assume that any special procedure which has been approved by the Trust does not conflict with or violate any requirements of its Declaration of Trust or then current prospectuses, or any rule, regulation or requirement of any regulatory body.

  • Amendments to the Loan Agreement The Loan Agreement is hereby amended as follows:

  • Amendments to the by Laws Section 1. These By-Laws may be altered, amended or repealed, in whole or in part, and any new By-Law or By-Laws adopted at any regular or special meeting of the Board of Directors by a vote of the majority of all the members of the Board of Directors then in office. EXHIBIT C SECTION 321(B) CONSENT Pursuant to Section 321(b) of the Trust Indenture Act of 1939, as amended, Wilmington Trust Company hereby consents that reports of examinations by Federal, State, Territorial or District authorities may be furnished by such authorities to the Securities and Exchange Commission upon requests therefor. WILMINGTON TRUST COMPANY Dated: July 10, 1999 By: /s/ Xxxxxx X. XxxXxxxxx --------------------------- Name: Xxxxxx X. XxxXxxxxx Title: Vice President EXHIBIT D NOTICE This form is intended to assist state nonmember banks and savings banks with state publication requirements. It has not been approved by any state banking authorities. Refer to your appropriate state banking authorities for your state publication requirements. R E P O R T O F C O N D I T I O N Consolidating domestic subsidiaries of the WILMINGTON TRUST COMPANY of WILMINGTON ---------------------------------------------- ---------------- Name of Bank City in the State of DELAWARE, at the close of business on March 31, 1999. -------- ASSETS

  • Amendments to Obligations The Trust shall regularly consult with each of FIIOC and FSC regarding their respective performance of their obligations. In connection therewith, the Trust shall submit to each of FIIOC or FSC, as applicable, at a reasonable time in advance of filing with the SEC copies of any amended or supplemented registration statements (including exhibits) under the Securities Act of 1933, as amended, and the 1940 Act, a reasonable time in advance of their proposed use, copies of any amended or supplemented forms relating to any plan, program or service offered by the Trust. Any change in such material which would require any change in the obligations of FIIOC or FSC, as applicable, hereunder shall be subject to approval by FIIOC or FSC, as applicable, which shall not be unreasonably withheld.

  • Amendments to Documents The Trust shall furnish BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 18 hereof forthwith upon such amendments or changes becoming effective. In addition, the Trust agrees that no amendments will be made to the Prospectuses or Statement of Additional Information of the Trust which might have the effect of changing the procedures employed by BISYS in providing the services agreed to hereunder or which amendment might affect the duties of BISYS hereunder unless the Trust first obtains BISYS' approval of such amendments or changes.

  • Amendments to Agreements The Company shall not amend, modify or otherwise change the Warrant Agreement, Trust Agreement, Registration Rights Agreement, Purchase Agreements, the Services Agreement, or any Insider Letter without the prior written consent of the Representative which will not be unreasonably withheld. Furthermore, the Trust Agreement shall provide that the trustee is required to obtain a joint written instruction signed by both the Company and the Representative with respect to the transfer of the funds held in the Trust Account from the Trust Account, prior to commencing any liquidation of the assets of the Trust Account in connection with the consummation of any Business Combination, and such provision of the Trust Agreement shall not be permitted to be amended without the prior written consent of the Representative.

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